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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Education Law Jobs

Posted on May 08, 2010
School Law Jobs Job Title Employer Job Location Labor & Employment Attorney Lozano Smith Fresno, California School Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith Fresno, California School Attorney Law Firm Denver, Colorado General Counsel School...

EEOC rules that New York City Department of Education was motivated by racial, religious, and national origin bias in forcing principal of Arabic language school to resign

Posted on May 07, 2010
The EEOC has determined that the New York City Department of Education (NYCDE) discriminated against the principal of an Arabic-language public school by forcing her to resign in 2007 following a storm of controversy driven by opponents of the school,...

Statute of frauds barred CEO candidate's breach of contract claim

Posted on May 07, 2010
Sullivan v Leor Energy LLC, ___F.3d___(5th Cir. March 15, 2010), is an interesting employment law case. The court held that the Texas statute of frauds barred enforcement of an unsigned contract between an energy company and a candidate for the...

Student who engaged in ?sexting? and her parent are entitled to preliminary injunction barring prosecution under state?s child pornography laws based on the student?s refusal to participate in education program A U.S

Posted on May 07, 2010
Miller v. Mitchell, ____F.3d____ (3d Cir. Mar. 17, 2010), is an interesting and important case. The Third Circuit held that a student who engaged in ?sexting? is entitled to a preliminary injunction barring a local prosecutor in Pennsylvania from prosecuting...

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Settlement Cannot Be Withdrawn Even Though It Was Not Approved By Employer

Posted on May 06, 2010
One surprising issue that comes up with some frequency in public sector labor law is whether an employee can withdraw his or her resignation. Generally, he can if it has not been approved by the employer. But what if he...

NLRB Continues To Award Simple Interest In ULP Cases

Posted on May 06, 2010
I bring San Juan Teachers, 355 NLRB No. 28, n.3 (April 30, 2010), to your attention because the "new" Obama Board refuses to award compound interest in ULP cases "at this time" and simply awards simple interest as a remedy...

Equity & Discrimination Mississippi district calls off prom after lesbian student demands to attend with same sex date wearing a tuxedo

Posted on May 06, 2010
AP reported that a School District has cancelled the high school prom after a lesbian student demanded she be able to attend with her girlfriend and wear a tuxedo. The school district's policy requires that senior prom dates be of...

Ineffective Assistance Counsel Case In New York

Posted on May 05, 2010
The March 21, 2010 New York Times ran an interesting story about a pending case concerning the ineffective assistance of counsel. The article trys to put a human face on the defendant who plead to felony instead of a misdemeanor....

UAW secures first CBA under tribal law

Posted on May 05, 2010
In a Jan. 26, 2010 Press Release, UAW Local 2121 announced a first-ever union contract covering 2,500 casino dealers at Foxwoods Resort Casino and MGM Grand on the Mashantucket Pequot reservation. The contract, if ratified, provides an average 12 percent...

It is Improper To Use The Employer's Email For Campaign Purposes

Posted on May 05, 2010
Moriates v. NYC Office of Collective Bargaining, ___Misc. 3d____(N.Y. Co. March 10, 2010), is an interesting case. The court affirmed the decision of the NYC Office of Collective Bargaining finding no improper practice after the public employer told employees that...

Negative job reference did not support reprisal claim

Posted on May 05, 2010
Pope v First Consol Dist, ___F.Supp. 2d___(N.D. Ohio March 9, 2010), is an interesting case. A plaintiff could not pursue her Title VII reprisal claim after learning of a negative job reference from a former employer because she could not...

HR manager's reference to "your kind" didn't reflect race bias

Posted on May 04, 2010
Taylor v Odom's Tennessee Pride Sausage, Inc, ___F.Supp.3d___(E.D. Ark. March 8, 2010), is an interesting case. Plaintiff employee who was discharged allegedly for misrepresenting his reason for taking personal leave failed to establish that his discharge was based on race...

Parties agreed to arbitrate dispute over purported evergreen clause

Posted on May 04, 2010
Reuters, Inc v Newspaper Guild of New York, __ F.Supp. 2d ____(S.D.N.Y. March 9, 2010), is an interesting case. Reuters and a union agreed to arbitrate a dispute over the meaning of what the union alleged was an evergreen clause...

4th Dept Holds That Parties To CBA May Agree That Arbitrability Determinations Are To Be Made By The Arbitrator

Posted on May 03, 2010
Matter of Liverpool Public Library v. CSEA, ____A.D.3d___(4th Dep't. April 30, 2010), is a short but exceedingly important case. Normally, there is a distinction between procedural (was the procedural terms of the CBA complied with) and substantive arbitrability (Is their...

Parents of student beaten to death by gang of bullies sue Maryland district for failure to take action to prevent the death

Posted on May 03, 2010
Bullying remains a problem in education as well as employment law. A suit filed by the parents of Christopher Jones against the Anne Arundel County Board of Education claims that Arundel High School administrators knew that a 9th-grader's life had...

Under FMLA mix of expert, lay testimony can establish serious health condition

Posted on May 03, 2010
Schaar v Lehigh Valley Health Servs, Inc, ___F.3d____(3rd Cir. March 11, 2010), is an interesting FMLA decision. A combination of expert and lay testimony can establish that an employee was incapacitated for more than three days, a showing required by...

Federal court preliminarily enjoins Georgia from enforcing anti-nepotism law regarding eligibility to serve on local school boards

Posted on May 02, 2010
Grizzle v. Kemp, No. 10-0007 (N.D. Ga. Apr. 21 2010), is not the type of case you see very often. A federal district court in Georgia has issued a preliminary injunction barring the state from enforcing a provision in the...

Martindale Hubble Top Ten Labor and Employment Firms Based Upon Number of District Court Cases In Past 2 Years

Posted on May 02, 2010
Updated - April 2010 Rank Top 10 Law Firms: Labor & EmploymentChange in RankLast MonthMonths on list 1 Littler Mendelson P.C. 1 18 2 Ogletree, Deakins, Nash, Smoak & Stewart 2 36 3 Jackson Lewis LLP 3 36 4 Morgan...

Pennsylvania district's insurance carrier seeks court order finding no coverage in laptop web camera suit

Posted on May 02, 2010
The Philadelphia Inquirer on April 23, 2010 reported that Graphic Arts Mutual Insurance Co., who is the insurer for Lower Merion School District (LMSD), is balking at the school district's request that it cover costs arising from the suit over...

School Law Jobs

Posted on May 01, 2010
School Law Jobs Job Title Employer Job Location Labor & Employment Attorney Lozano Smith Fresno, California Legal Counsel II Whittier Area Cooperative Special Education Program Whittier, California School Attorney Harbottle Law Group Orange County, California Special Education Attorney Lozano Smith...

George Mason Law School Facing Sex Discrimination Trial By Law Prof

Posted on April 30, 2010
The ABA Journal News Now recently reported on a sex discrimination suit that is headed for trial by a law professor against George Mason Law School. What makes the case somewhat unusual is that the plaintiff is the of one...

Connecticut proposes to increase fines for misclassification of employees

Posted on April 30, 2010
A pending Bill in the state of Connecticut, House Bill 5204, would increase the fine employer's who misclassify employees pay from $300 per violation to $300 a day per violation. Existing Connecticut law provides that an employer that misrepresents either...

Obama Nominates Openly Gay Male To Circuit Court

Posted on April 30, 2010
The ABA Journal News Now recently reported that President Obama nominated the first openly gay male to a federal circuit court. As the posting states: The nominee, Edward DuMont, is the first openly gay person to be nominated to a...

Supremes Hold Public Policy Prevents Class Action Arbitration When The Contract Is Silent

Posted on April 30, 2010
Stolt-Nieslen v. AnimalFeeds Int'l., 559 U.S. ___(April 27, 2010), is an important arbitration decision. In a 5-3 decision (Justice Sotomayor took no part in the decision), the Court holds that public policy prevents arbitration at least where the contract is...

Adjuncts and practitioners argue for more focus on practical skills at "Future of Legal Ed conference"

Posted on April 29, 2010
On the heels of Harvard Law Dean Martha Minow's state of the law school address arguing that medical schools have done a comparatively much better job training students for practice than law schools have done with their own students, comes...

Follow-up to the prostitute blogging professor

Posted on April 29, 2010
Last week we told you about the Cal-State Northridge Econ Prof who published a blog about picking up prostitutes in Thailand. Despite the heat it brought down on him and his employer (the prof blogged on his personal time and...

DOL Publishes Spring 2010 Regulator Agenda

Posted on April 29, 2010
The U.S. Department of Labor just published its Spring 2010 Regulatory Agenda. Information related to the agenda, including fact sheets, videos, and information about Web chats with agency representatives, is available at http://www.dol.gov/regulations/...

Bloggers Not Protected Under N.J. Shield Law

Posted on April 29, 2010
Too Much Media v. Hale, A-0964-09, is the first N.J. appellate ruling and only the second in any state to address whether bloggers can invoke the news persons' privilege to protect the identity of their sources. In this decision, the...

Porn on the job

Posted on April 28, 2010
Surfing porn while working is not a new problem. Therefore, I fail to understand the public out cry over the fact that some SEC lawyers and staffers were surfing porn while working. An ABA Journal News Now article that summarizes...

Some Washington Area Law Schools Are Trying To Help Students Get Summer Jobs

Posted on April 28, 2010
The March 16, 2010 Blog of the Legal Times reported that some Washington area law schools are taking steps to help students obtain summer employment. Unfortunately, the article is short on details. It does describe one school that his increasing...

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